49 U.S. Code § 10501 - General jurisdiction

(1)Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—

(A)only by railroad; or

(B)by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment.

(2)Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—

(A)a State and a place in the same or another State as part of the interstate rail network;

(B)a State and a place in a territory or possession of the United States;

(C)a territory or possession of the United States and a place in another such territory or possession;

(D)a territory or possession of the United States and another place in the same territory or possession;

(E)the United States and another place in the United States through a foreign country; or

(F)the United States and a place in a foreign country.

(b)The jurisdiction of the Board over—

(1)transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and

(2)the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State,

is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.

(c)

(1)In this subsection—

(A)the term “local governmental authority”—

(i)has the same meaning given that term by section
5302(a)[1] of this title; and

(ii)includes a person or entity that contracts with the local governmental authority to provide transportation services; and

(B)the term “mass transportation” means transportation services described in section
5302(a)[1] of this title that are provided by rail.

(2)Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—

(A)mass transportation provided by a local government authority; or

(B)a solid waste rail transfer facility as defined in section
10908 of this title, except as provided under sections
10908 and
10909 of this title.

(3)

(A)Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to—

(i)safety;

(ii)the representation of employees for collective bargaining; and

(iii)employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.

(B)The Board has jurisdiction under sections
11102 and
11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.

Section
5302 of this title, referred to in subsec. (c)(1)(A)(i), (B), was amended generally by Pub. L. 112–141, div. B, § 20004,July 6, 2012, 126 Stat. 623, and, as so amended, no longer contains a subsec. (a) or a definition of “mass transportation”. However, the term “local governmental authority” is defined elsewhere in that section.

The ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section
101 of this title and Tables.

The Railway Labor Act, referred to in subsec. (c)(3)(B), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section
151 of Title
45 and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101,Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter
9 of Title
45. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 ofTitle
45, section
231t of Title 45, and Tables.

The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), is act Aug. 16, 1954, ch. 736, §§ 3201,
3202,
3211,
3212,
3221, and
3231 to
3233,
68A Stat. 431, as amended, which is classified generally to chapter 22 (§ 3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section
3233 of Title
26 and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section
367 of Title
45 and Tables.

Prior Provisions

Provisions similar to those in this section were contained in sections
10501 and
10504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

2008—Subsec. (c)(2). Pub. L. 110–432amended par. (2) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass transportation provided by a local governmental authority.”